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HomeMy Public PortalAbout2021-04-29_Council_Website Agenda Package Page 1 of 2 of Agenda Cover Page(s) MUNICIPAL COUNCIL AGENDA Thursday, April 29, 2021 Via Facebook Live Office Location: 151 King Street, Chester, NS 1. MEETING CALLED TO ORDER 2. APPROVAL OF AGENDA/ORDER OF BUSINESS 3. INTRODUCTION OF VOLUNTEER NOMINEES FOR 2021  8:45 a.m. – Paul Rowe  8:50 a.m. – John Chandler  9:00 a.m. – William Burns 4. PUBLIC INPUT SESSION (15 minutes) 5. MINUTES OF PREVIOUS MEETING 5.1 Council – April 15, 2021. 6. COMMITTEE REPORTS 6.1 Committee of the Whole (recommendations for approval) – April 22, 2021 – Warden Webber. 6.2 Any Other Committee Meetings. 7. PUBLIC PRESENTATIONS 8. MATTERS ARISING 8.1 Information Report prepared April 19, 2021 – Corporate and Strategic Management – COVID 19 Business Support Program – Social Media Training Results. 8.2 Request for Decision prepared April 14, 2021 – Infrastructure and Operations – Excavator replacement for Kaizer Meadow Environmental Management Centre. 8.3 Request for Decision prepared April 22, 2021 – Corporate and Strategic Management – Expansion of community garden. 9. CORRESPONDENCE Page 2 of 2 9.1 Proclamation request to proclaim May 2021 as Lyme Disease Awareness Month from the NS Lyme Support Group. 10. NEW BUSINESS 10.1 Emergency Grant Assistance Fund Request – FHCS Grade 12 Prom - $2,500. 10.2 Request for Decision prepared April 22, 2021 – Corporate and Strategic Management – Economic Development Sponsorships: a. Swing for Shoreham Golf Tournament - $700. b. Golf 4 Charity Event - $100. 11. IN CAMERA 12. ADJOURNMENT 125 MUNICIPALITY OF THE DISTRICT OF CHESTER Minutes of COUNCIL MEETING Via Facebook Live from 151 King Street, Chester, NS On Thursday, April 15, 2021 MEETING CALLED TO ORDER Warden Webber called the meeting to order at 8:47 a.m. Present: District 1 – Councillor Veinotte District 2 – Deputy Warden Shatford District 3 – Councillor Barkhouse District 4 – Warden Webber District 5 – Councillor Assaff District 6 – Councillor Connors District 7 – Councillor Church Staff: Dan McDougall, CAO Tara Maguire, Deputy CAO Pamela Myra, Municipal Clerk Jennifer Webber, Communications Officer Chad Haughn, Director of Community Development and Recreation Solicitor: Samuel Lamey, Municipal Solicitor APPROVAL OF AGENDA/ORDER OF BUSINESS Amendments:  Request for Decision prepared April 14, 2021 – Finance & Information Services – Temporary Borrowing Resolution.  Councillor Church – Citizens Landfill Committee update. 2021-154 MOVED by Deputy Warden Shatford, SECONDED by Councillor Assaff the agenda and order of business for the March 25, 2021 Council meeting be approved as amended. ALL IN FAVOUR. MOTION CARRIED. INTRODUCTION OF VOLUNTEER NOMINEES FOR 2021 Chad Haughn, Director of Community Development and Recreation was present to introduce and read the bios of the following volunteers: Marty Murphy – Nominated by the New Ross Farmers Association. Suzanne Isaacs – Nominated by Our Health Centre. Carol Vaughan – Nominated by Aspotogan Arts and Crafts. Council (continued) April 15, 2021 126 John Mosher – Nominated by Aenon Baptist Church. Warden Webber thanked each volunteer for their time, effort, and contributions for the betterment of their community and the entire Municipality. The Municipality would not be the same without volunteers in our communities. Bios of each nominee can be found at the end of these minutes. PUBLIC INPUT SESSION Jennifer Webber, Communications Officer read an email from Matt Collins regarding barking dogs and a 15 minute limit regarding enforcement. Chad Haughn, Director of Community Development and Recreation indicated that staff only became aware of the question last evening; he will determine and answer and get back to Mr. Collins. MINUTES OF PREVIOUS MEETINGS 5.1 Council – March 25, 2021. 2021-155 MOVED by Deputy Warden Shatford, SECONDED by Councillor Barkhouse the minutes of the March 25, 2021 Council meeting be approved as circulated. ALL IN FAVOUR. MOTION CARRIED. COMMITTEE REPORTS 6.1 Committee of the Whole (recommendations for approval) – April 8, 2021 – Warden Webber. 2021-156 MOVED by Councillor Barkhouse, SECONDED by Councillor Church the recommendations of the April 8, 2021 Committee of the Whole be approved as follows: 2021-151 – “… temporarily suspend enforcement of the Land Use By-Law regarding outdoor cafes, and it is further recommended that the program be extended from April 15 to November 15, 2021 and direct staff to begin work on a stand-alone By- Law to cover 2022 and beyond, so that businesses need only apply annually for an outdoor dining license.” 2021-152 – “… direct staff to move forward with an amendment to the Land Use By- Law to remove the reference of the requirement of 29,000 square feet size Council (continued) April 15, 2021 127 requirement and instead replace that number with “as per NS Department of Environment”. ALL IN FAVOUR. MOTION CARRIED. ALL IN FAVOUR. MOTION CARRIED. 6.2 Lunenburg County Seniors’ Safety Program March 2021 Report – Councillor Connors. Councillor Connors briefed Council on the March 2021 report, indicating that she would entertain any questions from Council. 6.3 Landfill Monitoring Committee – Councillor Church. Councillor Church briefed Council on the March 29th meeting noting that toxicity tests are good – there are no mortalities in trout or other fish habitats. They will be having a tour for their next meeting. 6.4 South Shore Housing Action Coalition – Councillor Assaff. Councillor Assaff indicated that during the last Zoom meeting he had issues with audio so did not hear all that was discussed. He noted that the organization will be developing a toolbox to present to Councils and have written a letter to the Affordable Housing Committee regarding membership. 6.5 Mayors and Wardens – Warden Webber. Warden Webber indicted that Mayors and Wardens met yesterday. There were no items to act on, but he will provide a report for Council in the coming weeks. Councillor Connors asked if the group had presentations and Warden Webber indicated that they did. She noted that the committee she is on that recommends Community Spirit Awards would like to make a presentation to Mayors and Wardens and the NSFM. PUBLIC PRESENTATIONS There were no public presentations. MATTERS ARISING 8.1 Second Reading – Amendment to By-Law 74 – Tax Exemption for Tax Exemption for Charitable, Non-Profit Organizations, Municipal Water Utilities and Licensed Day Cares – Addition of Chester Garden Club (Account 05053455) to Schedule B. Council (continued) April 15, 2021 128 2021-157 MOVED by Deputy Warden Shatford, SECONDED by Councillor Barkhouse that Second and Final Reading of the amendment to By-Law 74 – Tax Exemption for Tax Exemption for Charitable, Non-Profit Organizations, Municipal Water Utilities and Licensed Day Cares – Addition of Chester Garden Club (Account 05053455) to Schedule B be carried out. ALL IN FAVOUR. MOTION CARRIED. The By-Law can be found at the end of these minutes. 8.2 Second Notice – Amendment to Policy P-09 Remuneration of Warden, Deputy Warden and Councillors – adjustment for Consumer Price Index. 2021-158 MOVED by Councillor Assaff, SECONDED by Councillor Deputy Warden Shatford that Second and Final Notice be given to the amendment of Policy P-09 Remuneration of Warden, Deputy Warden and Councillors – adjustment for Consumer Price Index. ALL IN FAVOUR. MOTION CARRIED. The Policy can be found at the end of these minutes. A brief break held to reboot the cameras. 9:12 a.m. to 9:18 a.m. 8.3 Strategic Plan 2021-2024: a. Request for Decision prepared April 12, 2021 – Corporate and Strategic Management – 2021-2024 Strategic Planning. b. 2021-2024 Strategic Plan Draft. c. 2021-2024 Strategic Priorities Chart. Present was Jonathan Meakin, Special Initiatives Coordinator to review the 2021-2024 Strategic Draft Plan. He outlined the changes since the last workshop was held regarding the status of the Boundary Review, Active Living Strategy, Wastewater Management Districts, and the addition of Growth Strategy for Exit 6 area (discussion was held and it was agreed that staff would work with Aspotogan Heritage Trust regarding the growth strategy). Discussion was also held regarding “plan” versus “priorities” and it was agreed that the priorities would be accepted, and staff would, in time, provide detailed plans for those priorities and those plans would be adopted as the Strategic Priorities Plan. 2021-159 MOVED by Councillor Veinotte, SECONDED by Councillor Barkhouse that Council approve the 2021-24 Strategic Priorities (with the name change from “plan” to “priorities”) and that staff would develop plans for the priorities for Council approval. ALL IN FAVOUR. MOTION CARRIED. 8.4 Request for decision prepared April 14, 2021 – Financial and Information Services – Resolution for Pre-Approval of Debenture – Chester Wastewater Treatment Plant UV System ($1,070,000) – Ten-year term to borrow $347,000. Council (continued) April 15, 2021 129 Malcolm Pitman, Director of Financial and Information Services, joined the meeting via Zoom and outlined the requirement for the Temporary Borrowing Resolution to pay for the Chester Wastewater Treatment Plant UV System (this is 2/3 of the cost of the project; the remaining 1/3 is covered by gas tax). 2021-160 MOVED by Councillor Church, SECONDED by Councillor Barkhouse that Council approve the following: WHEREAS Section 91 of the Municipal Government Act provides that a municipality is authorized to borrow money, subject to the approval of the Minister of Municipal Affairs (hereinafter “the Minister); AND WHEREAS the resolution of council to borrow for $1,070,000 was approved by the Minister April 13, 2021; AND WHEREAS clause 91(1)(b) of the Municipal Government Act authorizes the council to determine the amount and term of, and the rate of interest, on each debenture, when the interest on a debenture is to be paid, and where the principal and interest on a debenture are to be paid; AND WHEREAS clause 91(2) of the Municipal Government Act states, that in accordance with the Municipal Finance Corporation Act, the mayor or warden and clerk or the person designated by the council, by policy, shall sell and deliver the debentures on behalf of the municipality at the price, in the sums and in the manner deemed proper; BE IT THEREFORE RESOLVED THAT under the authority of Section 91 of the Municipal Government Act, the Municipality of the District of Chester borrow by the issue and sale of debentures a sum or sums not exceeding $347,000, for a period not to exceed ten (10) years, subject to the approval of the Minister; THAT the sum be borrowed by the issue and sale of debentures of the Municipality of the District of Chester in the amount that the mayor or warden and clerk or the person designated by the Council deems proper, provided the average interest rate of the debenture does not exceed the rate of 5.5%; THAT the debenture be arranged with the Nova Scotia Municipal Finance Corporation with interest to be paid semi-annually and principal payments made annually; Council (continued) April 15, 2021 130 THAT this resolution remains in force for a period not exceeding twelve months from the passing of this resolution. ALL IN FAVOUR. MOTION CARRIED. CORRESPONDENCE There were no items of correspondence for review. NEW BUSINESS 10.1 Emergency Assistance Grants (Pandemic Response Relief): Chad Haughn, Director of Community Development and Recreation was present to review the grants for Council. a) Aspotogan Arts and Crafts - $400 for each month. Clarification was provided regarding the demonstrated negative impact on groups requesting funding. 2021-161 MOVED by Councillor Barkhouse, SECONDED by Councillor Church that Council approve an Emergency Assistance Grant to Aspotogan Arts and Crafts in the amount of $800. ALL IN FAVOUR. MOTION CARRIED. 10.2 District Council Grants – 2020/21: Dan McDougall, CAO, outlined options for requests that were received prior to year-end but not dealt with until after the start of the 2021/22 fiscal year. For example, Ocean Swells did have their application in prior to the end of the fiscal year – this amount could be forwarded from the previous fiscal to the new fiscal year. However, the requests from the Chester District Soccer Association were received after the end of the previous fiscal year. Councillor Veinotte also noted that the District 1 Community Centre Emergency Grant request should be dealt with as a District Council Grant. It was submitted on time, but they provided the wrong form. District Council Grant – District 1 – 2020/21 - Ocean Swells Community Association - $1,000. District Council Grant - District 1 – 2020/21 - District 1 Community Centre - $1,000. Council (continued) April 15, 2021 131 2021-162 MOVED by Councillor Veinotte, SECONDED by Councillor Assaff that the following District Council Grants be approved with funds from Fiscal Year 2020/21 moved to the 2021/22 Fiscal Year budget:  District No. 1 - Ocean Swells Community Association - $1,000.  District No. 1 Community Centre - $1,000. ALL IN FAVOUR. MOTION CARRIED. 2021-163 MOVED by Deputy Warden Shatford, SECONDED by Councillor Barkhouse that the deadline for Council District Grants in future be the last day of February of each year. ALL IN FAVOUR. MOTION CARRIED. 10.3 District Council Grants – 2021/22: a) District 3 – Chester District Soccer Association - $500. 2021-164 MOVED by Councillor Barkhouse, SECONDED by Councillor Church that Council approve a pre-budgeted 2021/22 District Council Grant (District 3) to Chester District Soccer Association in the amount of $500. ALL IN FAVOUR. MOTION CARRIED. b) District 7 – Chester District Soccer Association - $1,000. 2021-165 MOVED by Councillor Church, SECONDED by Councillor Barkhouse that Council approve a pre-budgeted 2021/22 District Council Grant (District 7) to Chester District Soccer Association in the amount of $1,000. ALL IN FAVOUR. MOTION CARRIED. 10.4 Emergency Assistance Fund: a) District No. 1 Community Centre - $1,000 (February). – this grant was dealt with as a District Council Grant application. b) Hubbards Area Lions Club – $1,000 (February). c) Ocean Swells Community Association - $3,000 (January, February, March) - It was indicated that typically Council would not approve a March request until after the month has taken place. d) Royal Canadian Legion Branch 79 - $1,000 (February). e) Royal Canadian Legion Branch 144 Western Shore - $2,000 (January and February). f) Through the Years Day Care and Community Centre - $1,000 (February). g) Western Shore & Area Improvement Association - $2,000 (January and February). Council (continued) April 15, 2021 132 2021-166 MOVED by Councillor Assaff, SECONDED by Councillor Barkhouse that the following Emergency Assistance Grants be approved: i. Hubbards Area Lions Club – $1,000 (February). ii. Ocean Swells Community Association - $2,000 (January and February). iii. Royal Canadian Legion Branch 79 - $1,000 (February). iv. Royal Canadian Legion Branch 144 Western Shore - $2,000 (January and February). v. Through the Years Day Care and Community Centre - $1,000 (February). vi. Western Shore & Area Improvement Association - $2,000 (January and February). ALL IN FAVOUR. MOTION CARRIED. 10.5 Audio – Councillor Barkhouse Councillor Barkhouse noted that she has heard from residents who say the audio is difficult to hear and asked about the desk microphones; however, the Deputy CAO indicated that the desk microphones would likely throw off the 360 camera/mic system. 10.6 Village Commission Fire Contract – Councillor Church Councillor Church asked if there was an update on the discussions with the Village Commission regarding the fire contract and the Deputy CAO indicated that the Municipality is waiting for a follow-up from the Village Commission/Fire Department. IN CAMERA There were no “In Camera” items for discussion. ADJOURNMENT 2021-167 MOVED by Councillor Barkhouse, SECONDED by Councillor Assaff the meeting adjourn. (9:56 a.m.) ___________________________ ___________________________ Allen Webber Pamela Myra Warden Municipal Clerk Council (continued) April 15, 2021 133 MARTY MURPHY - Nominated by New Ross Farmers Association Marty is involved with a wide array of community organizations spanning many years. As a member of the Farmers Association, he worked hard securing grants for several major projects. Along with his wife Wanda, made possible a public walking trail on his property in memory of his granddaughter, for all to enjoy and he donates many hours of his time maintaining it. Marty has many volunteer hats. Here are a few:  He presently serves as Vice Presidents for the New Ross Farmers Association and a member for 10+ years.  Member of the New Ross Trail Society  Member of the Credit Committee New Ross Credit Union & Secretary  Choir Member in the New Ross Baptist Church and does snow removal for the Church property.  Member with the New Ross Gospel Aires and sings at nursing homes, etc.  Board Member since 2016 for the Lunenburg County Christmas Tree Growers Association and Safety Committee  He volunteers as Santa Claus each Christmas for the community, he does groups maintenance and presents a mobile display of the Christmas tree industry.  He helps a disabled man in the community with life’s challenges (paperwork, social life, POA, arranging for special care services and living arrangement).  He was a Trustee Church Memorial Park from 1987-1993 and secretary for 3 years.  Secretary-Treasurer for New Ross Fire Commission 1985-2012 (made an honorary firefighter)  Secretary-Treasurer for New Ross Health Coop circa 1992-1998 (to bring a Doctor to New Ross)  In 2016 he wrote history of the Christmas Tree Industry in New Ross  Cemetery Committee for New Ross Baptist Church  Member of the New Ross Regional Development Society  Volunteered writing a History of Graves Island (1994) when employed by DNR.  Citizen on Patrol circa 2000  Science Fair Judge for New Ross School & Lunenburg County  4H Public Speaking judge for several years  Helps serves suppers at the Forties Community Centre  He and his wife ran the hamburger booth for 10 years at the New Ross Fair  2016 he organized a float for 100th Anniversary of New Ross inviting former Queens & princesses to ride on it.  Volunteered driving high school sports teams to games at various schools in the late 80’s early 90’s.  Mid 1980 he served on the Fire Department Ambulance Committee to try to get ambulance service in New Ross through HC Lindsay Funeral Home (unsuccessful) Council (continued) April 15, 2021 134 SUZANNE ISAACS - Nominated by Our Health Centre Suzanne has been a faithful volunteer with the navigator program at Our Health Centre since it started in 2017. Suzanne comes to OHC every Tuesday and Thursday morning to sit at the info desk just inside the main door. She welcomes people with a big smile and her lovely sense of humor; she helps them find their way in the building, answers questions about programs and services and promises to get answers for questions she cannot immediately respond to. Suzanne has also been the volunteer secretary for the Shoreham Apartments Association for 5 years. Suzanne makes a difference because she genuinely cares about people; she wants to help them get answers to their questions and she responds to their concerns with compassion and grace. She loves to give back to her community and does so with a smile on her face. CAROL VAUGHAN - Nominated by Aspotogan Arts & Crafts Carol has been a resident of Southwest Cove for 23 years and a member of Aspotogan Arts & Crafts since 2001. In order for Aspotogan Arts & Crafts to be a vibrant, welcoming arts organization, it requires members like Carol who help out whenever asked and are supportive of longstanding members and newcomers alike. She is known for creating an inviting environment for monthly art making sessions at Ocean Swells Community Centre through her positive, caring attitude and delicious baked treats. Every not-for-profit, volunteer-run organization is dependent upon energetic people who work well with others. Carol has served in many roles within Aspotogan Arts & Crafts including Treasurer and coordinating the annual signature Mother’s Day art show. In addition to her planning role, she works alongside other volunteers during the event to welcome visitors and keep thing running smoothly. Carol’s involvement in member social events has helped to raise donations for local foodbanks. She has also participated in an early school art education program which has since evolved into broader outreach, delivering art programming to several schools and a long-term care facility in the Municipality of Chester. Through her support of the Aspotogan Arts & Crafts Organization, which engages in many traditional artforms, Carol honors the knowledge, skills, and cultural practices of the community. Through her numerous volunteer activities in the community, Carol provides a link between organizations in building partnerships and awareness of local strengths and opportunities. Council (continued) April 15, 2021 135 Carol is a member and has been a volunteer of St. Augustine’s Catholic Church, Chester, where she helped count the weekly collection. She is a Board member of Ocean Swells Community Centre, having served as treasurer for 15 years, and is also a member of the Athenaeum Society Board. JOHN MOSHER - Nominated by Aenon Baptist Church Within our organization, John has been a humble servant with a big heart. He has served his spiritual community in many ways. He has provided leadership as a deacon in a year where safety and community health, has been in focus. John has lent a hand and sweat to keep our Cemetery clean. He has helped with doing audio/visual ministry each Sunday and at various community gatherings, including funerals. Whenever he is needed, if he can, he is there to lend a helping hand or word of encouragement. Within our Church family, one significant way he has served is through our visitation ministry. He calls people, checks in on them, and is genuinely concerned for the wellbeing of others. He does this for us in the church but for others as well. John helps out with a variety of seniors in need in our community. Helping them run errands, getting them to appointments, and even doing their grocery shopping for them. I am sure John is not the only one doing this for a handful of our valued elders in our neighborhood, but it is greatly appreciated. John is representative of why we love our community and the people in it. Motion 2021-157 TAX EXEMPTION FOR CHARITABLE, NON-PROFIT ORGANIZATIONS, MUNICIPAL WATER UTILITIES AND LICENSED DAY CARES BY-LAW # 74 1. The By-Law shall be known as the Tax Exemption By-Law. 2. The real property of the organizations or institutions named in Schedules "A", "B", "C", “D”, & “E” to this by-law that would otherwise be classified as commercial property shall be exempt or taxed in accordance with the particular schedule as well as the business occupancy of licensed day cares named in Schedule “E”. Council (continued) April 15, 2021 136 3. The partial or total exemption provided in Section 2 shall apply only to that portion of the real property specified in the schedule. 4. When a property, or part thereof, listed in a schedule, ceases to be occupied by the association or for the purposes set out in the schedule then the partial or total exemption from taxation shall cease and the owner of the real property shall immediately be liable for the real property tax on such real property or part thereof for the portion of the year unexpired. 5. This amended By-Law shall have the effect commencing in the Municipal taxation year 2020/21. AMENDED SCHEDULE "B" Properties of incorporated non-profit organization which are either community-oriented, charitable, fraternal, educational, recreational, religious, cultural, or sporting organizations and which in the opinion of Council provide an active service, through programs or maintenance of the property, to the Municipality that might otherwise be a responsibility of Council which are to be taxed under Section 71 (1) (b) of the Municipal Government Act to the extent set out in the last two columns of this Schedule. OWNER PROPERTY EXTENT OF APPLICATION EXTENT OF EXEMPTION Aspotogan Heritage Trust Society Land Lot 99-1-B Barn Highway 329, Hubbards Account #9184023 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Land Lot 99-1-A Highway 329, Hubbards Account #9317465 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Basin Recreation Park Comm. Land, Lower Grant Road Account #5576768 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Canaan Community Club (Canaan District Hall Association) Land & Building Canaan, NS Account #637173 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. East River Village Hall Land & Building East Chester, NS Account #1361007 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Hubbards Area Lions Club Land & Building Fox Point, NS Account #2090538 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Municipality of Chester/ Aspotogan Heritage Trust 103 No 329 Hwy Lot A Hubbards The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Council (continued) April 15, 2021 137 Account #1076205 Old No 3 Hwy Lot G Hubbards Account #9181687 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Old No 3 Hwy Lot F Hubbards Account #9181695 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Old No 3 Hwy Lot E Hubbards Account #9181709 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Old No 3 Hwy Lot C Hubbards Account #9181717 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Aspotogan Heritage Trust Land Lot 05-1 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Ocean Swells Community Association Land, Hall 2726 Highway 329 Northwest Cove Account #889377 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. New Ross District Museum Society 4670 No. 12 Hwy Lot B-A-D New Ross Account #05266033 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. District 1 Fire Commissioners Land, Fire Hall Road Account #02614367 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Helping Hands to Enrich Learning & Lifestyles Programming Society Land & Building 419 Highway 329, Fox Point Account #3392104 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Hubbards Yacht Club Land and Building 215 Highway 329 10236975 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. New Ross Farmers Association Land and Buildings 5024 and 5032 Highway 12 New Ross 03491323 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Trustees of Chester Garden Club Water Street Chester Account #10858615 The Whole 100% of resource property tax. Area rates for other municipal services will also be granted an exemption. Effective date of April 1, 2020 Council (continued) April 15, 2021 138 Motion 2021-158 POLICY P-09 REMUNERATION WARDEN, DEPUTY WARDEN AND COUNCILLORS 2021/22 BE IT RESOLVED that the remuneration of the Warden and Councillors shall be as follows: A. The Warden shall be paid a base salary of $48,883.16 $49,029.81 (an increase of $12.22 per month) per annum, payable monthly. B. The Deputy Warden shall be paid a base salary of $25,581.53 $25,658.27 (an increase of $6.40 per month) per annum, payable monthly. C. All remaining Councillors shall be paid a base salary of $22,384.48 $22,451.63 (an increase of $5.60 per month) per annum, payable monthly. D. Annually the Municipal Council considers the cost-of-living increase which has taken place over the previous year and will approve an increase in the level of compensation which is to be payable to all employees of the Municipality under Section 5.3.1. The percentage increase approved for staff will also apply to the remuneration paid to the Warden, Deputy Warden and Councillors. E. All Councillors, including the Warden and Deputy Warden, in addition to the payments set forth above, shall be paid an allowance for travel for kilometres travelled once each day for going to and returning from every daily session of the Council or a Committee or attendance at every Board Meeting or other function if this attendance is as a representative of Council. The allowance for travel will be a per km rate reimbursed at the provincial rate. F. A Warden or Deputy Warden and Councillors who miss more than three (3) Council or Committee meetings in any year without leave of Council shall have the sum of $55.00 per missed meeting deducted from any salary paid to such individual. H. This Resolution shall take effect on the 1st day of April 2021. MOTIONS FROM APRIL 22, 2021 COMMITTEE OF THE WHOLE FOR APPROVAL BY COUNCIL ON APRIL 29, 2021 2021-170 Approval of Agenda and Order of Business be approved as amended. 2021-171 Approval of April 8, 2021 minutes of Committee of the Whole. 2021-172 ADD A MEETING OF COMMITTEE OF THE WHOLE ON APRIL 29, 2021 FOLLOWING COUNCIL AND CANCELLATION OF COMMITTEE OF THE WHOLE ON MAY 6, 2021 MOVED by Councillor Barkhouse, SECONDED by Deputy Warden Shatford that the Committee of the Whole recommend to Council to approve a Committee of the Whole meeting be held following Council on April 29, 2021 and cancel the May 6, 2021 Committee of the Whole meeting due to the NSFM Spring Conference. ALL IN FAVOUR. MOTION CARRIED. 2021-173 REQUEST RE 122 QUEEN STREET COMMERCIAL TO RESIDENTIAL MOVED by Councillor Barkhouse, SECONDED by Deputy Warden Shatford that the Committee of the Whole recommend to Council to direct staff to determine options to consider changing the commercial space at 122 Queen Street to residential. ALL IN FAVOUR. MOTION CARRIED. 2021-174 In Camera Items MOVED by Deputy Warden Shatford, SECONDED by Councillor Assaff the meeting convene In Camera to discuss the following matters:  Section 22(2)(a) of the Municipal Government Act – Property – Trail Parking  Section 22(2)(a) of the Municipal Government Act – Property – Easement.  Section 22(2)(a) of the Municipal Government Act – Property – Sale.  Section 22(2)(e) of the Municipal Government Act – Contract Negotiations.  Section 22(2)(c) of the Municipal Government act – Personnel. ALL IN FAVOUR. MOTION CARRIED. 2021-175 MOU (PARKING LOT) / EASEMENT (PARKING LOT) / SALE OF LOT MOVED by Councillor Church, SECONDED by Councillor Barkhouse the Committee of the Whole recommend the following to Council:  Approve the draft Memorandum of Understanding with Maibec CanExel S.E.C. to utilize property owned by Maibec for parking for visitors visiting the Castle Rock trail and alleviate the challenges of parking along the roadside near the entrance to the trail.  Approve the draft easement agreement with Hasson Hammond on property to provide improved parking for skatepark visitors and patrons of Mr. Hammond’s business.  Approve the sale of property at Whalen Lake (PID 60128915) previously obtained through tax sale and having no value to the Municipality for Municipal or public purposes to Chuck Jones and Krista Christensen at a cost of $4,800. ALL IN FAVOUR. MOTION CARRIED. 2021-176 Adjournment. INFORMATION REPORT Prepared By: Heather Hennigar Date April 19, 2021 Reviewed By: Erin Lowe, Tara Maguire Date Authorized By: Dan McDougall, CAO Date CURRENT SITUATION The COVID-19 business support program, Social Media Training, was completed on February 26th. Social media is an essential component of a business’ marketing strategy. Social media platforms help businesses connect with both existing and prospective customers, increase awareness about their brand, and increase sales. Social media also provides immense potential for businesses, as many consumers have shifted to social media platforms looking for products and services. ED Staff requested feedback on the program to measure the impact:  “When the workshops were announced, I must admit I was very discouraged with the future of my 20-year-old business, primarily because of COVID. My location seemed tenuous, I was very weary both physically and mentally and all but ready to pack it in. I need to work and have an income, so this was dire. By being introduced to Social media I began to see my situation in a different light and as something I could do to make my business prosper. My computer skills were minimal, but Jen and Lynn’s guidance gave me the confidence to explore new ways to build my client base. I have since revamped my workspace and ordered a new outdoor sign (locally) which I had never got around to doing. So, I guess the actual tutorials were secondary to being shown the possibilities of small business in the time of the pandemic. Thanks for the opportunity for online coaching from a super instructor and her tech support!” Jill Mattinson – Slipcovers By Jill (Chester)  “I really appreciated this training. For the most part, the times for the live sessions did not work out for me, but I made a point of catching up after the fact. The delivery/format of the training (Facebook group with emails) was really good for this. The timing of the first phase was good for us as it led up to our busy Christmas tree/wreath season. I used what I learned from the training and was able to measurably increase the number of followers on our farm Facebook page and get some big traction on our posts/events for our Christmas tree u-pick. The social media audit was really helpful and that helped me update the information on our Facebook page that I didn't know how to do or hadn't thought about. I learned a lot of little tips and tricks that I'll continue to use and gained some confidence in my use of social media for our business!” Christina Caldwell – Bar M Ranch (New Ross) REPORT TO: Municipal Council SUBMITTED BY: Corporate and Strategic Management DATE: April 29, 2021 SUBJECT: COVID-19 Business Support Program – Social Media Training Results ORIGIN: COVID-19 Support Measures 2 Information Report  “Thank you for the opportunity to have taken part in the Social Media Training. The instruction was very helpful, relevant, and transferable across any business model. The instructors were always available and willing to assist. Friendly and easy to follow instruction eased any new learning jitters. The ability to work at the assigned tasks at a time that worked with my schedule allowed me to lean at my own pace and at a time when it did not interrupt other work tasks. This was ideal for me and my employer! The ability to connect with other local business owners fostered a sense of community. I thank the council for the opportunity and would encourage other business owners/support staff to take part, should this opportunity be offered again. Lisa Reeves – South Shore Metal Works (Chester)  First off, I would like to say Thank You to the decision makers that provided the funding for this Important online local training. As a resident of Blandford as well as a new business owner, my husband and I were very happy when we found out about the Social Media Training that was being offered. Often it is assumed that everyone is knowledgeable and comfortable with ONLINE PLATFORMS. In these crazy Covid times, it is very difficult to do things the USUAL way. So certainly, starting a new business for us was challenging to say the least. Add to that, Social Media becoming such an important day to day tool to attempt to grow a new business; it can be overwhelming. I was fortunate to take part in all 3 programs: either live or after the fact in the provided recordings. The programs were easy to follow; the material/tools that was provided is still very helpful; the presenter (Jennifer was AMAZING); very informative, knowledgeable, and personable. As a MATURE participant, I never once felt uncomfortable with her delivery. To be able to have someone COME INTO MY HOME so to speak, in a world of lock down was very beneficial. The biggest challenge was, unfortunately, the inconsistent Internet service in our area. I very much appreciated the professionalism and knowledge that was shared by Jennifer and Simple Local Social. I am by no means now an expert in Social Media. However, I can say I am much more comfortable and able to navigate the ONLINE Platforms much better than a few months ago, before having the benefit of the ONLINE Training sessions. Nancy Myatt – Shoal Cove Sales Agency (Blandford) The program had excellent participation: Phase 1 – 22 businesses, Phase 2 – 12 businesses and Phase 3 – 21 businesses. RECOMMENDATION For Information BACKGROUND On April 29, 2020, economic development staff held a workshop with Council to discuss several small business support initiatives. Due to COVID-19, our local businesses faced an unprecedented economic crisis. The following programs were approved for further development:  Gift Card Program: Support A Front-Line Worker  Shop Local Marketing Campaign,  Business Navigation Program – Social Media Training 3 Information Report On May 21, 2020, Council approved the COVID-19 Business Support Program. “MOVED by Councillor Barkhouse, SECONDED by Councillor Hector that Council approve the implementation of a Business Navigation Program allocating $10,000 from Economic Development Reserves to support the program. ALL IN FAVOUR. MOTION CARRIED.” This element of the program provided Social Media Training for local businesses to assist them in their marketing initiatives. The goal of the program was to help MOC businesses create and leverage web-based channels to spread a message about the company's brand, products, or services to its potential customers. The Training was delivered by Simple Local Media, a local South Shore business owned and operated by Jennifer Naugler. The program ran in 3 Phases, with each Phase lasting 4 weeks: Phase 1: Facebook (September 21 – October 17) 1. Why Social Media Matters 2. Facebook Features and Functions 3. Now What do I Post? 4. Scheduling Tools 5. Why and How Do Businesses use Facebook? 6. How customers Engage with your Business Page Insights Phase 2: Instagram (November 2 – November 28) 1. Why do Businesses Use Instagram 2. Difference between a Personal and Business Account 3. Connecting and Engaging 4. Social Media Audits 5. Photography Tips 6. Doing Live Videos Phase 3: (February 1 – February 26) 1. The Importance of a Social Media Strategy 2. Building a Social Media Strategy 3. FB Ads/Boosting 4. Starting a group 5. Giveaways/Contests 6. Consumer Generated Content DISCUSSION N/A IMPLICATIONS Policy N/A 4 Information Report Financial/Budgetary $10,000 was allocated from Economic Development Reserves to fund this training. Economic development staff have also allocated $10,000 in the 21/22 budget for similar COVID-19 resiliency/capacity building programs that might be required to help our businesses. Environmental N/A Strategic Plan Goal 6- Promote conditions conducive to fostering economic prosperity. Work Program Implications N/A OPTIONS N/A ATTACHMENTS N/A COMMUNICATIONS (INTERNAL/EXTERNAL) Continually improve public satisfaction with municipal services. Ensure sufficient infrastructure is available to best serve our residents and businesses. Continually reinforce the positive image of the Municipality through leadership in public engagement and communication. Promote conditions conducive to fostering economic prosperity. REQUEST FOR DECISION Prepared By: Christa Rafuse, P. Eng. Date: April 4, 2021 Reviewed By: Date: Authorized By: Dan McDougall, CAO Date: April 15, 2021 CURRENT SITUATION The capital budget for 2021/22 includes the purchase of a replacement excavator, approved by Council in December 2020. The estimated budget was set at $425,000 for a replacement excavator. RECOMMENDATION Staff respectfully recommend that Council authorize staff to spend up to $425,000 for the purchase of an Excavator to replace the existing 320 Excavator presently in operation (trade-in provision included). Staff have prepared the Request for Quotation (RFQ) for the new excavator and would like final approval to issue the document. BACKGROUND The existing 2005, 320 Excavator is 16 years old with over 12,000 hours. The Kaizer Meadow landfill 320 excavator is used for multiple tasks such as, excavating clay cover materials, ditching, road/pipe repairs, mixed construction, and demolition (C&D) and waste as required. A list of heavy equipment owned by MOC, located at Kaizer Meadow Landfill is attached. A portion of the heavy equipment fleet has reached its useful life and requires replacement. The added costs to maintain and repair are difficult to budget, unreliable equipment is very ineffective when no other backup is available, rentals for emergency situations take time and money when required. The safety of staff is of the utmost importance. Safe, reliable, and appropriate equipment for the site and working face area are essential. The Capital Items list requested that staff return to Council prior to approval of an RFQ for the purchase of an Excavator (draft RFQ attached for review). DISCUSSION Staff have drafted a long-range equipment replacement plan and policy. Valley Waste is being consulted in the development of the policy (draft policy attached). The Valley Liaison Committee is in support of the decision to purchase an Excavator as per our latest meeting, January 6, 2021. The draft RFQ provides the option to provide a trade in value for the existing 20 tonne excavator and the supply of an equivalent size or larger excavator, year 2019 or newer. REPORT TO: CAO and Council SUBMITTED BY: Christa Rafuse, P. Eng DATE: April 29, 2021 SUBJECT: Excavator Replacement for Kaizer Meadow ORIGIN: Capital Budget 2021/22 2 Request for Decision IMPLICATIONS Policy Procurement Policy P-04 Financial/Budgetary The capital budget for 2021/22 approved by Council for $425,000 to purchase an Excavator for the Kaizer Meadow Landfill. The option to trade in the existing excavator will be included in the RFQ. This purchase will be funded by borrowing $325,000 over a 10-year period and $100,000 from revenue. Environmental N/A Strategic Plan 1. Maintain a high level of fiscal responsibility. 2. Continually improve public satisfaction with municipal services. 3. Ensure sufficient infrastructure is available to best serve our residents and businesses. Work Program Implications N/A OPTIONS N/A ATTACHMENTS 1. List of Heavy Equipment Inventory 2. Draft RFQ for a new Excavator 3. Draft Equipment Reserve Policy COMMUNICATIONS (INTERNAL/EXTERNAL) N/A Inventory Type Model Serial#Hrs Year NOTES *Last updated June 2020 Excavator 320C PAB03757 12284 2005 Dozer D5N XL AGG01911 5650 2005 D6 arrives early July 2021 Loader 930M KTG00858 6530 2015 Excavator 316 DZW01050 4603 2015 Skid steer 267B CYC01460 2834 2007 Compactor 826H AWF00641 15640 2011 Dump Truck 1 red 70252 km 2012 Dump truck 2 blue 124915 km 2008 Heavy Equipment - Kaizer Meadow Landfill Infrastructure & Operations Kaizer Meadow Landfill REQUEST FOR QUOTATIONS Supply of Excavator RFQ T-2021-07 Release date: April 30, 2021 Quotations will be received up to 3:00:00 pm local time on Friday, June 4, 2021 Contact: Dan Pittman Procurement Officer Municipality of Chester Telephone: (902) 275-3554 Email: dpittman@chester.ca RFQ T-2021-07 | Supply of Excavator | Kaizer Meadow Landfill Contents 1. INSTRUCTIONS TO BIDDERS ................................................................................. 4 1.1. INTRODUCTION ..................................................................................... 4 1.2. DEFINITIONS ........................................................................................ 4 1.3. QUOTATION DEADLINE ............................................................................ 4 1.4. QUOTATION SUBMISSION ......................................................................... 4 1.5. INQUIRIES ........................................................................................... 4 1.6. SITE BRIEFING ....................................................................................... 5 1.7. QUOTATION ACCEPTANCE (PRIVILEGE CLAUSE) ................................................ 5 1.8. QUOTATION OPENINGS ........................................................................... 8 1.9. QUOTATION VALIDITY ............................................................................. 8 1.10. PRICE ................................................................................................. 8 1.11. QUOTATION REQUIREMENTS ..................................................................... 8 1.12. QUOTATION EVALUATION ........................................................................ 9 2. STATEMENT OF REQUIREMENTS ............................................................................. 10 B. MATERIAL DISCLOSURES ...................................................................................... 10 C. MANDATORY REQUIREMENTS ................................................................................ 11 APPENDIX A – QUOTATION FORM................................................................................. 14 APPENDIX B - QUESTIONNAIRE .................................................................................. 16 Product Suitability ............................................................................................. 16 Maintenance, Support & Warranty .......................................................................... 18 APPENDIX C – TERMS & CONDITIONS .............................................................................. 21 PERSONNEL ...................................................................................................... 22 RESPONSIBILITY FOR DAMAGE ............................................................................... 23 TERMINATION ................................................................................................... 23 INSURANCE ...................................................................................................... 23 GOVERNING LAW ............................................................................................... 24 RFQ T-2021-07 | Supply of Excavator | Kaizer Meadow Landfill 1. INSTRUCTIONS TO BIDDERS 1.1. INTRODUCTION 1.1.1. The Municipality of Chester (MOC) requires an excavator to support their operations at the Kaizer Meadow Landfill, Sherwood, Nova Scotia, as further described in Section 2, Statement of Requirements (the “Equipment”). To this end, MOC is seeking competitive Quotations from the marketplace to determine which piece of Equipment best suits their needs. 1.2. DEFINITIONS 1.2.1. Bidder: an individual or company who submits a Quotation. 1.2.2. Successful Bidder: the Bidder whose Quotation is selected for award. 1.2.3. Vendor: registered business capable of supplying the requested Goods or Services 1.2.4 Independent Contractor: a Bidder, successful or otherwise, or a Vendor, as defined in this RFQ, is considered to be an Independent Contractor, not an employee of MOC. 1.3. QUOTATION DEADLINE 1.3.1. Quotations will be received up to 3:00:00 pm local time on May 28, 2021 by electronic submission only to the following email address: dpittman@chester.ca 1.3.2. Please put the competition number in the Subject line of the email: T-2021-007 1.3.3. Emailed quotations must be received on or before the Quotation Deadline as compared to the time of receipt recorded in MOC’ mail server. Bidders are solely responsible to ensure their bid is received on time and MOC will bear no responsibility for late or misdirected email submissions, howsoever the submission was delayed. 1.4. QUOTATION SUBMISSION 1.4.1. Bidders are to submit their Quotation, where possible, as one PDF document organized in the same manner in which the Bidder would have printed it to paper. 1.4.2. Do not return the original RFQ with your response, just return the forms which must be completed. 1.4.3. If using hyperlinks, please ensure they are working and direct the user to information you intend. Incorrect links, incomplete information, or information which is too general may cost a Bidder points in the evaluation. 1.5. INQUIRIES 1.5.1. All questions or requests for additional information or clarifications regarding this Request for Quotations shall be in writing, by email, to the attention of: Dan Pittman Procurement Officer Municipality of Chester Email: dpittman@chester.ca 1.5.2. MOC will provide clarifications and additional information, if required, by way of Addenda. RFQ T-2021-07 | Supply of Excavator | Kaizer Meadow Landfill 1.5.3. Inquiries and questions will be accepted up until 11:00 am local Nova Scotia time on May 27, 2021. 1.5.4. Bidders are solely responsible to ensure that any such inquiries are received by MOC as described above. MOC will not be responsible if a Bidder acts based on information received in any other way than an approved Addendum or communication, in writing, from the representative named in this section. 1.6. SITE BRIEFING 1.6.1. Should there be interest in providing a trade-in-value please contact Procurement to arrange an appointment time to visit the site. Location: Kaizer Meadow Landfill Sherwood, NS 1.6.2. Bidders who do not visit the site will not be precluded from submitting a Bid. An opportunity to examine the existing excavator for the purposes of determining a trade-in value will be met by appointment only. Contact procurement. 1.6.4. Attendees to the site must come prepared with high visibility clothing (vest or jacket, for example) and CSA-approved footwear. Due to the COVID-19 virus, MOC recommends participants in the site briefing practice suitable protective measures including, without limitation, social distancing, avoiding direct contact, and the use of gloves when examining the equipment for trade in. 1.7. QUOTATION ACCEPTANCE (PRIVILEGE CLAUSE) 1.7.1. This document and Request for Quotation process does not constitute a call for Tenders. This RFQ process will not give rise to any Contract A–based tendering law duties or legal obligations. 1.7.2. This Request for Quotations neither expresses nor implies any obligation on the part of MOC to enter into a contract with any party submitting a response or responses. 1.7.3. All Quotations become the property of MOC once submitted. 1.7.4. Late Quotations will be rejected and will be returned unopened. Faxed Quotations will not be accepted. Emailed Quotations will be accepted. Incomplete Quotations may be rejected. 1.7.5. Any Quotation that does not include all of the information required in this RFQ may be considered incomplete and may be rejected. MOC will, in their sole discretion, determine if the missing information is material to their ability to evaluate a response; if MOC believes they have sufficient information to evaluate, it may proceed to do so. 1.7.6. Bidders undertake any expenditure related to the submission of a Quotation at their own risk. The Bidder is responsible for all costs associated with preparing and submitting this Quotation. This includes, without limitation, any and all costs, fees, expenses (travel, accommodations or meals) RFQ T-2021-07 | Supply of Excavator | Kaizer Meadow Landfill or other incidentals related to preparing, printing, binding, transporting, presenting, defending, or clarifying the Quotation. 1.7.7. MOC may include evaluation criteria within this Request for Quotation document to be used as a guideline for Quotations. MOC reserves the right to deviate from the evaluation criteria where it is in the best interests of the Municipality. Without limiting the generality of the foregoing, decisions to deviate from the evaluation criteria may be made based on budgetary and/or service delivery considerations having regard to all of the Quotations received and the needs of MOC. 1.7.8. MOC does not bind itself to accept any Quotation, but may accept any Quotation, in whole or in part, or discuss with any Bidder different or additional terms to those described in this RFQ or in such Bidder's Quotation. MOC may: • reject any or all of the Quotations; • accept any Quotation; • if only one Quotation is received, choose to accept or reject it; • choose not to accept the lowest bid price; • alter the schedule, RFQ process, or any other aspect of the RFQ, as it may determine in its sole and absolute discretion. 1.7.9. Without limiting the preceding in any way, MOC may accept any Quotation or any portion of any Quotation that may be considered to be in the best interests of MOC. MOC reserves the right to reject any and all Quotations that, in its sole discretion, are not in the best interests of MOC. 1.7.10. MOC reserves the right to waive formality, informality or technicality in any Quotation. This includes the right to accept a Quotation that is not compliant with the instructions in the Request for Quotations document. 1.7.11. MOC reserves the right to amend this Request for Quotation document at any time before the Request for Quotation’s closing date and will issue an addendum in the event of a change. 1.7.12. MOC reserves the right to negotiate, after the Request for Quotation’s Quotation Deadline, with any Bidder and to finalize service arrangements in the best interests of MOC. 1.7.13. In applying this privilege clause, MOC shall not be bound by trade or custom in dealing with and/or evaluating the responses to the Request for Quotations. 1.7.14. MOC reserves the right to interpret any and all aspects of this Request for Quotations as may be most favourable to MOC. 1.7.15. Should a Bidder find any discrepancies, errors, or omissions in this RFQ, or if a Bidder is unsure as to the meaning of anything in this RFQ, they are to advise MOC in writing; MOC may, in its sole discretion, respond to such written inquiry, to all Bidders, in an addendum. 1.7.16. It is the responsibility of the Bidder to be sure they understand the requirements prior to submitting a Quotation and before the deadline for questions has passed. Insurance requirements, if any, should be reviewed by the Bidder’s insurer. 1.7.17. MOC may cancel the RFQ process at any time, for any reason, in its sole discretion. In the event that an RFQ process is cancelled, MOC will not be obligated to pay any costs, damages, or claims of any type to any Bidder or potential Bidder. RFQ T-2021-07 | Supply of Excavator | Kaizer Meadow Landfill 1.7.18. Vendors or suppliers who have been disqualified from bidding on contracts with MOC may not respond to this RFQ and any RFQ which features a subcontractor who is disqualified from bidding may also be rejected. 1.7.19. In providing a Quotation, the Bidder warrants that their Quotation is in all respects fair and is provided without collusion or fraud. No representative of the company from which a Quotation is to be provided may discuss the subject matter of a competition with any MOC’ staff member, Councilor, consultant, or any person involved in the procurement process, evaluation, or award, other than the designated contact or their designate. Under no circumstances may a Bidder extend entertainment, gifts, gratuities, discounts, or special services, regardless of value, to any employee of MOC in connection with this or any other procurement of goods, services, or construction. 1.7.20. Bidders must advise MOC of any potential conflict of interest that may affect, or appear to affect, the RFQ process, including the influence of award. MOC may disqualify a Bidder, rescind an invitation to negotiate, or terminate a contract subsequently entered into if MOC determines that the Quotation has engaged in any conduct prohibited by this RFQ. 1.7.21. Bidders shall indemnify and save harmless MOC, its officers and its employees from and against all claims, demands, losses, damages and costs of any kind based upon injury or death of a person or damage to or loss of property arising from any willful or negligent act, omission or delay on the part of the Bidder or their servants in the preparation of their Quotation and/or in the course of delivering Services. 1.7.22. Bidders are advised that no commitment to purchase Goods or Services shall exist until the successful Bidder is advised by MOC, in writing, of an award. If an award is made, the method of procurement may be, at MOC’s discretion, Procurement Card, Purchase Order, or other method of contract MOC may identify. 1.7.23. The procurement of Goods and Services, if any, resulting from this RFQ will require a written agreement between the parties. Unless otherwise agreed to in writing by MOC, the terms and conditions of the attached sample agreement shall be the basis for such agreement. Any objections to such terms and conditions must be clearly set out in Bidders’ Quotations. In the absence of such objections, MOC will assume that the Bidder accepts such terms. The extent to which a Bidder accepts, rejects, or proposes modifications to such terms will be taken into account in evaluating Quotations. Any Quotation may, in the sole discretion of MOC, be rejected at any time on the basis of proposed contract terms and conditions that are unacceptable to MOC. 1.7.24. Bidders are advised that MOC is governed by Nova Scotia’s Freedom of Information and Protection of Privacy Act (FOIPOP) and any information submitted to MOC in response to this RFQ may be subject to disclosure under FOIPOP. Bidders may identify any confidential information in their Quotations or any accompanying documentation and are advised to consult with their own legal advisors regarding the appropriate way to identify such information. MOC will make reasonable efforts to safeguard confidential information, subject to its disclosure requirements under FOIPOP or any disclosure requirements imposed by law or by order of a court or tribunal. Bidders are advised that their Quotations will, as necessary, be disclosed, on a confidential basis, to advisers retained by MOC to advise or assist with the RFQ process, including the evaluation of Quotations. Bidders are further advised that MOC may make public the names of any or all Vendors and intends to publish the name of the successful Bidder and the total value of any contract entered into with the successful Bidder. If a Bidder has any questions about the collection and use of information pursuant to this RFQ, questions are to be submitted to the RFQ Contact. 1.7.25. In submitting a Quotation, the Bidder has accepted the reservation of rights (privilege clause) as set out herein and agrees to be bound by same. In addition, the Bidder confirms that it has, and will, comply with all policies of MOC, including the Procurement Policy and Supplier Disqualification Policy. No Bidder shall have any claim for compensation of any kind whatsoever RFQ T-2021-07 | Supply of Excavator | Kaizer Meadow Landfill as a result of participating in this RFQ and by submitting a Quotation each Bidder shall be deemed to have agreed that it has no claim. 1.7.26. Submitting a Quotation shall be deemed proof that the Bidder was aware of and understood the requirements, the terms and conditions, and all other provisions of the RFQ. MOC will not be liable for claims made by a Bidder that they were uninformed or unaware of the requirements, terms or conditions of this RFQ. 1.8. QUOTATION OPENINGS 1.8.1. MOC will proceed with private openings for this RFQ. Bidders may be advised of their status in the RFQ once a determination has been made. 1.9. QUOTATION VALIDITY 1.9.1. Quotations should remain firm for a period of thirty (30) days from the Quotation Deadline or such additional time as may be mutually agreed upon in writing. 1.10. PRICE 1.10.1. The Prices provided in the Quotation must be in Canadian funds, inclusive of all applicable duties and taxes except for Harmonized Sales Tax (“HST”), which should be itemized separately. 1.10.2. Prices quoted by the Bidder must be all-inclusive and must include all labour and material costs, all travel and carriage costs, all insurance costs, all costs of delivery and unloading, all costs of installation and set-up, including any pre-delivery inspection charges, and all other overhead, including any fees or other charges required by law. 1.10.3. The Trade-In Allowance, if any, is to be net credit value the Bidder will apply to the Invoice for the Equipment, net of any fees, expenses (including pick up at our site), and/or reconditioning the Bidder may require prior to resale or disposal. 1.11. QUOTATION REQUIREMENTS 1.11.1. The Equipment and related services which are required are described in Section 2, Statement of Requirements. MOC has tried to clearly describe what it is looking for, how the Equipment must be supplied, and any support or after sales services it expects from a Vendor. 1.11.2. The Bidder must complete the Questionnaire included as Appendix B. The Questionnaire will be used by MOC as part of their evaluation. 1.11.3. Bidders must complete and submit with their Quotation Appendix A, the Quotation Form and Appendix B, the Questionnaire. 1.11.4. In addition, the Bidder must complete any table, Schedule or Appendix identified in the RFQ. The Bidder may include any tables or attachments it feels will help clarify their Quotations above the minimums identified in the RFQ document. 1.11.5. Bidders must indicate whether they are the sole undertakers of the work or whether other Vendors or service providers will be used. All vendors and service providers shall be subject to approval by MOC. 1.11.6. MOC may, without creating an obligation to any Bidder, request clarifications, additional information, supporting documentation not otherwise supplied, up to including a request for a meeting or presentation, for any Quotation or from any Bidder, prior to award. 1.11.7. The Successful Bidder may be required to show proof of insurance. Insurance requirements, if any, will be listed in the Terms and Conditions included as Appendix C. RFQ T-2021-07 | Supply of Excavator | Kaizer Meadow Landfill 1.11.8. The award, if any, will be subject to the Terms and Conditions included as Appendix C. Failure to accept these Terms and Conditions may result in the rejection of the Bidder’s quotation or the cancellation of award. 1.12. QUOTATION EVALUATION 1.12.1. MOC will review each compliant Quotation and assign it points up to the maximum number of points available for each criterion. The points will be assigned based on the information provided by the Bidder, MOC’ understanding of the information submitted by the Bidder, MOC’ understanding of its needs, and, in MOC’ sole opinion, how well the Quotation addresses those needs. 1.12.2. In determining best value, MOC may consider any part of the Bidders Quotation, including all attachments, omissions and submissions, as well as any references or past experience MOC may have with the Bidder in similar circumstances. 1.12.3. Price will be evaluated using the following formula. (Lowest Total Price divided by Bidder’s Total Price) multiplied by the Available Points 1.12.4. The following table shows the criteria against which your Quotation will be reviewed and the number of points available for each criterion. The Quotation which is awarded the most points may be selected for award. In the case of a tie, MOC may use any method it chooses to determine award, including chance. Rated Criteria Category Weighting (Points) Product Suitability 20 points Maintenance, Support, & Warranty 10 points Pricing 70 points Total Points 100 points 1.12.5. MOC may make calculations based on the information provided by the Bidder to help determine total cost of ownership or similar metrics and they may use such calculations in determining best value. 1.12.6. Award is subject to approval by Council or the CAO. RFQ T-2021-07 | Supply of Excavator | Kaizer Meadow Landfill 2. STATEMENT OF REQUIREMENTS The Deliverables are as follows: Supply and deliver one (1) excavator (the “Equipment”) which meets the minimum requirements specified in Section C, Mandatory Requirements. Supply and delivery will be inclusive of all costs which may apply to the delivery of a new vehicle of this kind, including, without limitation, the installation of all specified accessories, top-up of all fluids, pre-delivery inspection and preparation for service, loading, freight, taxes and, if applicable, duty, unloading, initial start-up on site, product orientation for operators consisting of at least one day of hands-on instruction, and the supply of operating and maintenance manuals and all documentation necessary for MOC to register the vehicle in Nova Scotia. Provide a comprehensive five (5) year, minimum 5000 hour, warranty which will include warranty coverage for the powertrain and the hydraulic systems for a minimum of five (5) years or 5000 hours. This coverage must include parts, consumables, labour, and shop supplies necessary to perform the warranty work, but may exclude wear parts when so identified. Provide a comprehensive five (5) year, minimum 5000 hour, Maintenance Plan which will include oil changes on the manufacturer’s specified interval and any services recommended by the manufacturer at the interval they recommend. This Plan will include all parts, consumables, labour, and shop supplies necessary to perform the services specified in the Plan. B. MATERIAL DISCLOSURES The material disclosures that apply to this RFP, if any, are set out below. • This product must be delivered to the Kaizer Meadow Landfill in Sherwood, Nova Scotia; • Unless otherwise required and paid for under the warranty or Maintenance Plan, all servicing, warranty repairs, and maintenance are to be provided at the Kaizer Meadow Landfill. MOC has a heated bay which the Successful Bidder may use, at their own risk, to complete such servicing, warranty repairs, and maintenance. • MOC has certain vehicle and safety protocols (walk-around prior to service, checklists, use of Personal Protective Equipment, etc.) that the Successful Bidder’s maintenance service personnel will be expected to participate in. These are procedures designed to establish the condition of the vehicle prior to any service work or use of the vehicle, but may also: o Identify existing damage o Identify weak or at-risk parts which might be unavoidably damaged during repair o Avoid potential conflicts after repairs are complete • MOC will not be limited to using only OEM oils and fluids; any equipment proposed to meet this requirement and any warranty and Maintenance Plans proposed must allow for the use of any suitable oils and other fluids available in the local marketplace. RFQ T-2021-07 | Supply of Excavator | Kaizer Meadow Landfill The pre-conditions of award that apply to this RFP, if any, are set out below. • The successful Bidder must obtain and maintain, for the period of any Maintenance Plan or warranty period, Workers’ Compensation Board of Nova Scotia (WCBNS) workplace insurance coverage and insurance in accordance with the Terms and Conditions listed in Appendix C. The Contractor must provide proof acceptable to MOC of WCB and insurance coverage a within 10 days of notice of award. Failure to provide such proof may result in a cancellation of award. • The Contractor must accept the Terms and Conditions specified in Appendix C. Such terms and conditions are described as applying to the Equipment Delivery, Maintenance Plan or that would apply in both the Equipment Delivery agreement and to the Maintenance Plan. MOC reserves the right to reject any contract terms and condition requested by the Successful Bidder that may be considered contradictory to those listed in Appendix C or that MOC may, in their sole opinion but acting reasonably, find objectionable. C. MANDATORY REQUIREMENTS The following requirements are not meant to exclude any Vendor but represent the minimum specifications MOC sees as necessary to accomplish the current and foreseeable work for which the Equipment may be used. The Bidder must identify any requirement it objects to prior to the last date and time for inquiries so that MOC can evaluate the merit of the objection and determine if it can make a change to the requirements to resolve the objection. • The Equipment must be supplied with a minimum of two (2) physical copies and one (1) electronic copy (disk, USB drive) of each of the following: o Complete parts manual(s) o Complete maintenance manual(s) • The Equipment must be supplied with a minimum of one (1) physical copy and one (1) electronic copy (disk, USB drive) of the equipment operating manual(s); • The Equipment must be relatively new, no older than a 2018 model year, minimum 20 ton and must be ready to use; • Materials and finishes are to be of a type which resist wear from normal use and exposure to the elements; • Proponent will provide a comprehensive training session comprising of hands-on instruction at the WMC; • Product specifications: o Long track, for industrial application; o Meet or exceed the following: • Length of stick boom must be min. of 10’2” • Minimum operating weight 40,000 lbs • Rated net power 120Hp @ 2200 RPM (or greater) • Minimum two (2) speed propel with auto shift • Electrical system shall be 24 volt with 80 amp alternator • LED work light package • Back-up camera with audible alarm • Cab to have 12 volt, 120 watt, 10 amp capability to support 2-way radio • Seat to be deluxe, adjustable, with suspension, headrest, adjustable lumbar support, and adjustable armrests; vinyl or leather only (no cloth or cloth inserts) • Control positions and seat must be able to adjusted independently of each other • Track pads shall be 28” triple grouser • Cab door, fuel cap, services doors, and toolbox will each be lockable • Cab to have auto climate control to maintain a comfortable programmable temperature for AC and heat RFQ T-2021-07 | Supply of Excavator | Kaizer Meadow Landfill • Installation of hydraulic plumbing of valves, solenoids and controls for thumb and pulp grapple is to be done. • Powertrain and hydraulics to have a 5 year/5000 hour warranty as specified, including: o ‘No charge’ invoices to be provided for each instance of warranty work, listing, at minimum, the parts replaced and a short summary of the work performed o Optional items to have the original manufacturer’s warranty • Service Agreement as specified o All inclusive Details of current excavator: • 2005 20 ton CAT, 320C, approx.12,000 plus hr The following accessories are required and must have been installed by the time of delivery. • Quick attach to match CAT 160-8287 pin grabber • 1 cubic yard bucket complete with bolt on side cutters • 4 tine hydraulic thumb c/w longer stick pin, c/w internally cushioned cylinder, c/w spherical bushings in both ends of hydraulic cylinder • Twenty (20) lb fire extinguisher mounted in an accessible location inside cab • Full fire suppression system Parts and Service: Our preference is for Vendors who: o Have sufficient stock of common repair and wear parts on hand to insure a minimum down time o Provide parts delivery within 24 hours of an order being placed either by their technician or by MOC o Have factory trained field technicians who will be used to provide maintenance, warranty, and emergency repair services. Such technicians should be available to respond within 24 hours of an emergency call. o Have the capability (including reliable subcontracts) to provide transportation of the disabled unit to repair facilities if deemed necessary RFQ T-2021-07 | Supply of Excavator | Kaizer Meadow Landfill APPENDIX A – QUOTATION FORM 1. Contact information for Bidder: Name of Primary Bidder Firm Address Phone Number (office) Primary Project Contact Name Email Address for Primary Contact Cell Phone Number for Primary Contact 2. Prices Item Description Unit Price for Item Supply and Deliver of Excavator as described Five Year, 5000 hour Warranty (if included in price, insert “0”) Five Year, 5000 hour Maintenance Plan (if included in price, insert “0”) Trade-In Allowance (subtract) ( ) Total Price, Exclusive of HST 3. Declaration By signing below the Bidder agrees that: a. The Bidder has read and understands this RFQ and agrees to abide by its terms and conditions. b. The Bidder has read and understands the following addenda: Addendum to _ (if any). Failure to acknowledge an addendum containing information pertinent to the Services may be cause to reject a Bidders Quotation. c. The Bidder has read, understands and will, if awarded the contract, comply with requirements of Section 2 and the Terms and Conditions specified in Appendix C. RFQ T-2021-07 | Supply of Excavator | Kaizer Meadow Landfill d. The Bidder will, if awarded the contract, obtain, and maintain for the duration of the contract, Workers’ Compensation Board of Nova Scotia workplace insurance coverage (attach Letter of Good Standing if available). e. The Bidder hereby agrees to supply the Equipment and related services described in Section 2 at the costs indicated in their Quotation Form. Signature of Witness Authorized Signature Name (Printed) Title (Printed) Date RFQ T-2021-07 | Supply of Excavator | Kaizer Meadow Landfill APPENDIX B - QUESTIONNAIRE The following questions will be used to help MOC to determine, in their sole opinion, which, if any, of the Equipment offered is suitable to their needs. The Bidder may include supplemental information (brochures or technical sheets) and may use separate pages to respond to questions, but they must answer every question in order to qualify for points. Be sure to delete or cross out any features specified in a brochure that are not included in the Equipment being offered. Product Suitability Provide a comprehensive description of the Equipment you intend to supply, including sufficient information to accurately describe the capability of its equipment. You may attach a specification sheet, but include a short, written description and fill in each of the spaces below: Manufacturer: _ Manufacturer’s Part Number: _ Description: Provide an estimate of lead-time from the point an order is placed to the expected delivery at the Waste Management Centre, even if the Proponent has stock available at the time of this RFP. Describe any risk factors, cut-off times, or factory closures which might affect lead-time: RFQ T-2021-07 | Supply of Excavator | Kaizer Meadow Landfill List of other waste management applications where this Equipment is deployed (or similar conditions, if not waste management). Include reference contact names and numbers in case we wish to contact them for more information. MOC may consider reference information provided to them from sources other than those listed by the Proponent; MOC will only consult reliable sources who have direct experience with the Bidder. Provide a minimum of two references where the Bidder currently supplies similar Equipment and related services. MOC may not be used as a reference; however, MOC may consider their own experience in dealing with the Bidder when evaluating the Quotations. Include name, company, phone number and email address for each reference. Please verify your references will be available by phone within 1 week of the closing date in case we need to contact them. RFQ T-2021-07 | Supply of Excavator | Kaizer Meadow Landfill Maintenance, Support & Warranty Describe their Maintenance Plan in sufficient detail to indicate, in plain language, what is covered under the Plan (parts, services, labour, for example), what is excluded (naming wear parts, for example), and any other actions which might invalidate the Plan. Describe the warranty coverage in sufficient detail to indicate, in plain language, what is covered under the plan (parts, services, labour, for example), what is excluded (naming wear parts, for example), and any actions which would invalidate the Warranty. Describe how the Maintenance Plan is administered. Is the Equipment remotely monitored; if so, describe the tools? Are Service Intervals prescheduled or are they triggered by events (hours reached) that need to be reported by MOC? RFQ T-2021-07 | Supply of Excavator | Kaizer Meadow Landfill Describe how Warranty can be accessed, including who we call, expected response time if no answer, time between identification of an issues and dispatch to site, expected time from dispatch to our site, and any factors which would affect Warranty response. Is there a way to prioritize service if the Equipment is in critical need? Describe parts availability, including for maintenance parts, wear parts, and major components. If certain Warranty repairs would require off-site service, itemize those repair items and describe the process for getting those repairs completed. Who is responsible for moving the Equipment? Is there a loner available and, if so, at what cost? What is the turnaround for these repairs? RFQ T-2021-007 | Supply New Excavator | Infrastructure & Operations Describe the remote technical support available (if any) and how it is accessed? Who can we call? What are the capabilities of the person who answers? Can we escalate a call to a more knowledgeable representative? What, if any, remote diagnostic tools will they have? Describe to capacity of your Service department? How many service persons do you have servicing how many clients? How many service trucks do you have? Are there limitations on either personnel or service trucks (or the nature of this Equipment) which would limit how many of them would be available to respond to service requests on this Equipment. Describe the capabilities of the service personnel who will provide the maintenance and warranty services (training, certifications, other) on the Equipment you have specified. RFQ T-2021-007 | Supply New Excavator | Infrastructure & Operations APPENDIX C – TERMS & CONDITIONS In the following terms and conditions, the successful Bidder will be referred to as “the Contractor”, the new excavator will be referred to as the “Equipment”, and the services provided under the Maintenance Plan will be referred to as the “Maintenance Services”. These references can be adapted to accommodate the final terminology of the agreement. Equipment Delivery ACCEPTANCE The Contractor must schedule the delivery date with the WMC Foreman no less than five (5) days before the Equipment will be available to be delivered to the Waste Management Centre. This delivery date must be at the convenience of MOC. MOC will have no responsibility for damage to the Equipment, however caused, until the equipment is unloaded to our satisfaction at Waste Management Centre. The new Equipment must be fully functional and the Contractor must have provided an orientation of the new Equipment in accordance with the requirements of the original RFQ before removing the trade-in vehicle from the site. The Equipment delivered by the Contractor must conform to the specifications promised by the Contractor in their Bid, including the installation of any accessories or additional items purchased at the same time. Maintenance Plan INTENT The Contractor warrants that it has the necessary resources to complete the Maintenance Services in a safe, competent, and professional manner. Such resources shall include, without limitation, qualified, skilled, and sufficient personnel, plant, equipment, materials, adequate financial resources, and any other unique or general resources necessary to complete the Maintenance Services. INDEPENDENT CONTRACTOR The Contractor will provide the Maintenance Services to the MOC as an Independent Contractor and not as an employee. Accordingly: a. The parties acknowledge that the Contractor and any subcontractor they may engage, and their respective employees, are not, nor are they deemed to be, employees of MOC within the meaning set out in any employment legislation that may be applicable, or otherwise. b. The Contractor agrees that MOC shall have no liability or responsibility for the withholding, collection, or payment of any payroll taxes, employment insurance premiums, or Canada Pension Plan contributions, or any other relevant payroll deductions on any amounts paid by MOC to the Contractor or amounts paid by the Contractor to its employees or contractors. c. The Contractor also agrees to indemnify MOC from any and all claims in respect to MOC’s failure to withhold and/or remit any payroll taxes, employment insurance premiums, Canada Pension Plan contributions, or similar payroll deductions. RFQ T-2021-007 | Supply New Excavator | Infrastructure & Operations d. Further, the Contractor shall be solely and entirely responsible for all payments under the applicable Workers’ Compensation legislation as it relates to their ability to provide service and receive payment. e. The Contractor agrees that as an Independent Contractor, the Contractor, and any person for whom it is legally responsible, will not be qualified to participate in or to receive any employee benefits that MOC may extend to its employees. f. The Contractor shall not have any power to accept an obligation, incur any liability, promise any performance, and/or request or obtain any credit on behalf of MOC. g. The Contractor is free to provide services to other clients, so long so long as there is no interference with the Contractor’s contractual obligations to MOC. CONFIDENTIALITY In the course of discharging its duties under this agreement, the Contractor, its agents and/or employees may hear, see and/or otherwise come to know, possess or have access to confidential information about and/or belonging to MOC, its clients and/or third parties interacting with MOC or the Contractor, including but not limited to contact lists, personal information about identifiable individuals, security information, and information about MOC’ clients, methods, and processes (the “Confidential Information”). The Contractor agrees not use, disclose, reproduce or otherwise make available, Confidential Information to any person, firm or enterprise (other than to the Contractor’s employees or agents who have a need to know such information for the purposes of this agreement) unless specifically authorized in writing to do so by MOC. The Contractor agrees that if an employee or agent will receive Confidential Information as contemplated in this section, it will obtain a confidentiality agreement from such employee or agent which provides equal or greater protection to the Confidential Information than set out in this section. The Contractor agrees to exercise all due care and diligence and take all reasonable precautions to prevent any unauthorized collection, use, disclosure, retention, destruction or disposal of Confidential Information. Upon termination of the agreement for any reason, the Contractor will return to the MOC any and all documents in its possession, electronic or otherwise, containing Confidential Information. The Contractor recognizes that if any of the provisions of this section are violated, MOC is entitled to an injunction to prevent it from disclosing Confidential Information and/or using Confidential Information for any purpose. The Contractor further recognizes that MOC would be entitled to other legal remedies, including legal fees and costs in the event of such a violation. The use and disclosure of the confidential information shall not apply to information which - Was known to the Contractor before receipt of same from MOC; or - Becomes publicly known other than through the Contractor; or - Is disclosed pursuant to the requirements of a governmental authority or judicial order. PERSONNEL The Services being performed under this agreement are a public service, paid for by the public. The Contractor must ensure that their employees always act in a professional and courteous manner when performing the Services and when interacting with the public and MOC’ staff. The Contractor shall supply personnel having the skills, training and appropriate qualifications to perform the Services indicated. The Contractor must obtain written permission from MOC before changing the training or qualifications required for the work team. In the case of personnel being changed, the new personnel being assigned must have a similar skills, training and qualifications as the personnel being replaced and they must otherwise be acceptable to MOC. RFQ T-2021-007 | Supply New Excavator | Infrastructure & Operations MOC reserves the right to require the Contractor to remove an employee from the Services. Demonstrated incompetence, inexperience, and certain behaviors, including, without limitation, swearing, smoking in areas other than those approved for smoking, inappropriate language, comments or gestures, unsafe work practices, or use of alcohol or drugs prior to or during the performance of the services, may be cause to have an employee removed. The Contractor is solely responsible to enforce discipline and to maintain good order among their employees. REGULATIONS The Contractor shall comply with all applicable Federal, Provincial and Municipal laws and regulations and the regulations of any other authorities that may have jurisdiction. RESPONSIBILITY FOR DAMAGE The Contractor shall repair and restore to its original condition prior to the damage any material or surface damaged by their operations. TERMINATION MOC may terminate the Maintenance Services at any time, for any reason, by providing thirty days’ written notice to the Contractor. This notice period may be increased by written agreement between the parties. Agreement to extend this notice period does not release the Contractor of their duty to remedy and, under no circumstances will MOC be responsible for interest or other charges or fees related to the process of remedy. MOC may terminate this agreement if the performance of the Maintenance Services, or portion thereof, is found to be unacceptable. Both MOC and Contractor agree that each will attempt to remedy the situation and to find a way to make the Maintenance Services, or portion thereof, acceptable. Under no circumstances may such remedy represent additional cost to MOC. If no remedy can be found within thirty days of the initial communication to the Contractor by MOC that the performance of the Maintenance Services is unacceptable, such notice shall be considered notice to terminate the Maintenance Services. MOC reserves the right to terminate this agreement, without penalty of any kind, if the Contractor is judged to be bankrupt or makes general assignment for the benefits of its creditors. Termination of the agreement by MOC shall not relieve that Contractor of any obligations or liability it may have to MOC except as provided for herein. Both Equipment Delivery and the Maintenance Plan: INDEMINFICATION The Contractor shall defend, indemnify and save harmless the Municipality of the District of MOC, its elected officials, officers, employees and agents from and against any and all claims of any nature, actions, causes of action, losses, expenses, fines, costs (including legal costs), interest or damages of every nature and kind whatsoever, including but not limited to bodily injury, sickness, disease or death or to damage to or destruction of tangible property including loss of revenue or incurred expense resulting from disruption of service, arising out of or allegedly attributable to the negligence, acts, errors, omissions, misfeasance, nonfeasance, fraud or willful misconduct of the Contractor, its directors, officers, employees, agents, contractors and subcontractors, or any of them, in connection with or in any way related to the delivery or performance of this agreement. This indemnity shall be in addition to and not in lieu of any insurance to be provided by the Contractor in accordance with this agreement, and shall survive this agreement. INSURANCE The Contractor shall, without limiting its obligations or liabilities, maintain Commercial General Liability insurance on an occurrence basis with a minimum limit of $5,000,000.00 for bodily injury including death, personal injury and property damage including loss of use, and shall include provisions for: Blanket contractual liability; Owners' and RFQ T-2021-007 | Supply New Excavator | Infrastructure & Operations contractors' protective liability; Broad form property damage; Hostile fire; Tenant's legal liability; Non-owned automobile liability; Contingent employer's liability; and Products and completed operations liability. The Contractor must provide a certificate of insurance from their insurer for this coverage. The Certificate, at a minimum, must: a. List the Municipality of the District of MOC as an additional insured and contain both cross-liability and severability of interest clauses; b. The Contractor’s insurance must provide for bodily injury or property damage that may result from the Contractor’s performance of the Services; and c. Excess or umbrella insurance may be used to achieve the required insurance limits noted in this section. The Contractor must have and must maintain automobile insurance in the amount of $5,000,000.00 for the duration of the agreement and must provide a certificate of insurance confirming this coverage. This insurance shall not contain any endorsement that excludes the operation of attached machinery; The COI for Commercial General Liability insurance must provide for 30 days’ and the automobile insurance must provide for 15 days’ written notice of cancellation or material change. The Contractor must provide a new certificate of insurance each time the insurance is renewed, for the duration of this contract. The Contractor is responsible to maintain insurance on the Equipment while in transit, during the initial start-up of the vehicle, and during the orientation/training period, regardless of when accepted by MOC. The Contractor is responsible to have and to maintain insurance on any equipment and materials they will use to provide the Maintenance Services for the duration of the Maintenance Plan. MOC will not be responsible in any way for lost, damaged or stolen equipment belonging to the Contractor In addition: a. The Contractor’s insurance shall be primary coverage and not additional to and shall not seek contribution from any other insurance policies available to the MOC. b. In the case where the Contractor will use subcontractors or third party suppliers, such subcontractors and third party suppliers must obtain and provide proof of insurance coverage that is equal to that required of the Contractor under this agreement. c. Failure to maintain the required insurance coverage may be grounds for termination of the agreement; and d. Changes to insurance coverage must be disclosed to MOC prior to the next performance of Services after the change and the Contractor must provide a revised certificate. The amended coverage must be in accordance with the requirements of this agreement or otherwise acceptable to MOC. GOVERNING LAW The laws of Nova Scotia shall govern this agreement. If any dispute should arise under the terms of this agreement, the Courts of Nova Scotia shall have exclusive jurisdiction to such dispute. Municipality of the District of Chester Landfill Equipment Replacement Policy Policy P-10? Effective Date: Policy P- ??? - Landfill Equipment Replacement Policy Notice of Intention to Adopt – Council: First Notice – Council: Second Notice – Council: Effective Date: Page | 2 MUNICIPALITY OF THE DISTRICT OF CHESTER LANDFILL EQUIPMENT REPLACEMENT POLICY 1 PURPOSE 1.01 The Landfill Equipment Replacement Policy establishes a framework and guide for the maintenance, repair, and replacement of landfill equipment. 2 PRINCIPLES 2.01 The following underlying principles inform this policy: (a) The Municipality of Chester recognizes that the landfill requires reliable equipment to support safe, effective, and efficient landfill operations. (b) The Municipality of Chester recognizes that landfill equipment costs represent a significant percentage of the expenditure at the landfill and that the life cycle costs must be considered in this policy. (c) The Municipality of Chester recognizes that the use of an equipment replacement reserve should be employed to achieve lower costs and predictable tip fees by reducing or eliminating borrowing costs, and by creating a cost structure that reduces or eliminates peaks and troughs in the landfill tip fee. (d) The Municipality of the District of Chester recognizes that management of this policy exists in a dynamic environment and marketplace and that planning documents will be amended and approved by the Council annually or as required from time to time. 3 POLICY (a) The Municipality will establish and maintain long range planning documents. (b) Planning documents will have a planning horizon of at least ten years. (c) The Municipality will develop and follow preventative maintenance practices. 4 PROCEDURES 4.01 Responsibility (a) The Landfill Director has overall responsibility for the development, amendment, and maintenance of planning documents. (b) The Finance Director will review and approve the planning documents to ensure actual and estimated costs and projections accurate and reasonable; and provide advice to the CAO with respect to the policy. 4.02 Maintenance: (a) Preventative maintenance practices will be followed to extend the life of equipment and to reduce the potential for unanticipated equipment failure or Policy P- ??? - Landfill Equipment Replacement Policy Notice of Intention to Adopt – Council: First Notice – Council: Second Notice – Council: Effective Date: Page | 3 repairs. (b) Maintenance schedules will be developed and followed for each piece of equipment. 4.03 Replacement: (a) Replacement schedules will be based primarily on age of equipment, usage hours or kilometers, and funding availability. (b) Replacement schedules may also consider a number of other factors including workplace safety, cost of maintenance, trade in value, repair potential including availability and cost of replacement parts, and market conditions. 4.04 Financing (a) Maintenance: The landfill budget will include an amount for preventative and regular maintenance of landfill equipment. (b) Equipment Replacement Reserves: The annual landfill budget will include a contribution to an equipment replacement reserve consistent with long range planning documents. (c) Capital from Revenue: In addition to planned contributions to reserves the landfill budget may include capital from revenue as a source of funds for equipment acquisition. (d) Borrowing: Long term financing may also be used to finance equipment acquisition based on a number of factors including maintenance of tip fee stability and borrowing terms including advantageous interest rates. 4.05 Procurement: The Municipality will follow its Procurement Policy P-04 when acquiring equipment pursuant to this policy. 5 DEFINITIONS 5.01 “CAO” means the Chief Administrative Officer of the Municipality of the District of Chester. 5.02 “Council” means the elected officials that make up the Council of the Municipality of the District of Chester. 5.03 “Finance Director” means the employee reporting to the CAO that is responsible for overall management and development of operating budgets, capital budgets, and financial statements for the Municipality. 5.04 “Landfill Director” means the employee reporting to the CAO that is responsible for the overall management and operation of the landfill. 5.05 “Equipment” means motor vehicles, wheeled or tracked machinery including compactors, excavators, bulldozers, backhoes, skid steers, loaders, dump trucks, pick Policy P- ??? - Landfill Equipment Replacement Policy Notice of Intention to Adopt – Council: First Notice – Council: Second Notice – Council: Effective Date: Page | 4 up trucks, and other similar equipment. 5.06 “Municipality” means the Municipality of the District of Chester. 5.07 “Planning Document” means the spreadsheet and/or other documents that forms the basis for long range equipment maintenance and replacement. 5.08 “ Annotation for Official Policy Book Reason for Amendment Notice of Intention to Adopt Date of First Notice at Council Date of Second Notice at Council Effective Date I certify that this Policy was amended by Council as indicated above. _______________________________________ Pamela M. Myra, Municipal Clerk Date REQUEST FOR DECISION -DIRECTION Prepared By: Jennifer Webber Date April 22, 2021 Reviewed By: Date Authorized By: Date CURRENT SITUATION We are hoping to expand the Community Garden. The transition to all raised beds was successful, and between Growing Friends and past users, all of the beds were used last year. News of the success has spread, and we are experiencing greater demand than we can accommodate with the current space. RECOMMENDATION To increase the size of the community garden by eight raised beds: three accessible beds (two already approved by Council last year), and five additional lower beds. The expansion will use funds already municipally assigned as well as those received through a grant applied for by Dawn Harwood-Jones. BACKGROUND Our goal for the community garden has always been to provide food to those who need it. For the last 17 years, we have succeeded. Over the years, the program has matured, and the scope has expanded to provide more availability to MOC residents in the immediate area as well as a component that includes outlying areas with a focus on mobility and food security needs. This goal aligns with that of Growing Friends, an off shoot of Musical Friends that pairs seniors and shut-in residents with volunteers to provide a meaningful connection centering around food stability. Part of the program is using the municipal community garden beds to grow food (and relationships). DISCUSSION Council has historically supported the principle of community garden, even in the more unsuccessful seasons. Now, the community garden is evolving into what it was meant to REPORT TO: Municipal Council MEETING DATE: April 29, 2021 SUBMITTED BY: Jennifer Webber, Communications Officer SUBJECT: Community Garden ORIGIN: 2 Request for Decision-Direction be: a community resource that provides value to residents in terms of promoting food security and independence. During a time when anxiety is running high, our community garden has also provided a safe social outlet and a means to bolster spirits. Growing Friends has done wonderful work in this regard and has offered to work with us again. If we are permitted to expand the garden, their volunteers have offered to prepare and construct the additional beds as well as purchase some materials if needed. Regardless of approval, a work party is organized for later in May for clean up. IMPLICATION Policy Financial/Budgetary The cost of expansion is well within the money budgeted for the community garden for 2021-22. Growing Friends will provide all of the labour needed to build eight beds as well as fund associated programming. Environmental Strategic Plan Work Program Implications Has Legal review been completed? ___ Yes ___ No X N/A OPTIONS 1) Approve the use of municipal property for eight more vegetable beds (five low and three high). 2) Not approve the expansion of the community garden. ATTACHMENTS COMMUNICATIONS (INTERNAL/EXTERNAL) PROCLAMATION LYME DISEASE AWARENESS MONTH May 2021 WHEREAS Lyme disease is a serious illness caused by the bite of a black-legged tick infected with the bacterium Borrelia burgdorferi: and WHEREAS black-legged ticks carrying a variety of diseases or illnesses can now be found in all parts of Nova Scotia; and WHEREAS awareness, education and practicing preventative measures, such as daily tick checks and proper tick removal, can help reduce your chances of contracting tick borne diseases; THEREFORE, be it resolved that I, Warden Allen Webber, on behalf of the Municipality of the District of Chester, do hereby proclaim May 2021 as “Lyme Disease Awareness Month”. Dated at Chester, Nova Scotia this 29th day of April 2021. _____________________________ Warden Allen Webber P a g e | 2 The natural world is a beautiful place, and not always the friendliest place around. Could be why we spent thousands of years making it so we didn’t have to go outside. One such danger is Lyme Disease, and for those who spend time out in the wild (especially campers and hunters) it’s a danger they face every time they get an unwanted passenger in the form of a tick. Lyme Disease Awareness Month reminds us to be vigilant, and to spread awareness to help save lives. History of Lyme Disease Awareness Month Lyme disease is a potentially life-altering illness that is caused by bacteria transmitted from the bite of a tick. Unfortunately, the incidence of Lyme Disease is on the rise throughout the Western Hemisphere, as tick populations are expanding due to climate change. To combat this spread, many people participate in Lyme Disease Awareness Month, and help educate the public about the symptoms and cause of Lyme Disease. Many regions and municipalities organize events and fundraisers to raise funds for research, and people wear green ribbons or replace their porch lights with green bulbs. It is important to educate people about Lyme Disease, because it is often misdiagnosed. Early symptoms can include a rash, fever, headaches and fatigue. If the disease is left untreated, it can result in joint and heart problems, chronic pain, and cognitive problems such as difficulties concentrating or remembering things. As with many diseases, treatment is more effective if Lyme Disease is diagnosed early. Needless to say it’s absolutely vital that awareness is spread and people learn how to protect themselves, their families, and their pets from this potentially dangerous disease. How To Celebrate Lyme Disease Awareness Month If you have nature lovers in your family, make sure that they’re aware of the dangers involved with being bitten by ticks. Educate yourself and those you love about how to dress to minimize tick bites, as well as what to do when one is received, and what to watch out for that may indicate early signs of Lyme Disease. The natural world is a wonderful place and we all want to be able to get out and spend more time in it, make sure you educate your friends and family on how to do it safely. Lyme Disease Awareness Month is the perfect time to organize flier campaigns, and remind everyone to be just a little more alert for ticks. Emergency Assistance Fund 2020 - 2021Updated April 14, 2021Requested ApprovedDate ApprovedRequested Approved Requested ApprovedNew Ross Regional Development Society500$ 500$ 25-Feb500$ GroupsFHCS Grade 12 Prom2,500$ -$ Option BPANDEMICRESPONSETOTAL500$ 500$ --$ -$ 2,500$ -$ 500$ Total Funds Requested500$ -$ 2,500$ Total Funds Approved500$ -$ -$ 500$ January February MarchTOTAL APPROVED REQUEST FOR DECISION Prepared By: Erin Lowe, Senior EDO Date April 22, 2021 Reviewed By: Date Authorized By: Date CURRENT SITUATION Economic Development staff have received two requests for economic development sponsorships for events happening this June. Due to the timing of the events, economic development staff are requesting pre-budget approval to ensure that the organizations receive the funds in time. RECOMMENDATION Pre-budget approval of $800 for economic development sponsorships for:  Swing for Shoreham Golf Tournament happening on June 18 ($700 hole sponsorship request)  Golf 4 Charity event happening June 21 ($100 sponsorship request) BACKGROUND Typically, each fiscal year, Council has an Economic Development Sponsorship fund ($6,000) to sponsor events or initiatives within the municipality that are designed to help achieve Council priorities and generate local economic development benefit in one or more of the following areas:  Supporting business growth and employment.  Increasing visitor attraction.  Promoting the municipality to residents and visitors. Sponsorship is a form of marketing in which organizations pay to be associated with certain events. Additionally, sponsorship provides community relations benefits by increasing visibility and recognition as a good community partner. Organizations are recognized as good community citizens when they support initiatives that assist groups that benefit or improve the quality of life and/or programing in their community. Sponsor opportunities are evaluated by the following criteria:  Relevance to the community.  The Municipal logo must be displayed on some marketing of the event.  The audience should be significant in size or targeted. REPORT TO: Council SUBMITTED BY: Corporate & Strategic Management DATE: April 29, 2021 SUBJECT: ED Sponsorship ORIGIN: Sponsorship Policy, P-87 2 Information Report DISCUSSION Both sponsorship requests fit our eligibility criteria for the fund and have been sponsored through the fund in the past. IMPLICATIONS Policy Sponsorship P-87 Financial/Budgetary Pre-budget approval is required for $800. Environmental None Strategic Plan Goal 6- Promote conditions conducive to fostering economic prosperity. Work Program Implications None OPTIONS 1. Pre-budget approval for $800 for the two sponsorship requests. 2. Do not approve. ATTACHMENTS Golf 4 Charity Sponsorship Request Swing for Shoreham Sponsorship Request 1 Erin Lowe (she/her) From:Sue Newhook, Event Coordinator, Swing for Shoreham Golf Tournament <notifications@eventmail.birdeasepro.com> Sent:February 19, 2021 5:00 PM To:Erin Lowe (she/her) Subject:#External: Swing for Shoreham Golf Tournament 2021 Greetings golfers - Incredibly, it will soon be one year since the World Health Organization made the shocking announcement that coronavirus was a global pandemic. We were all beckoned back home and then told to “stay the blazes home” and 12 months later we are still here. While being “home” has been difficult socially for most of us, imagine for a minute those in our community who have truly never left home over the past year. Shoreham Village has been the only place many people have known since March. Isolation for them has meant months of not seeing or hugging loved ones and at times, not even seeing friends who lived on other wings of their home. The extraordinary staff at Shoreham Village have gone above and beyond to help our residents feel connected, entertained, active and healthy during these trying times. Now it’s time for those of us who can, to get out, reconnect with each other and do what we can to support the diligence of our staff and celebrate their commitment to making our resident’s lives the best they can be even during such traumatic circumstances. They need our help now in innumerable ways. The Chester Golf Club is booked and ready to roll for the 10th annual (1st Covid-resricted) Swing for Shoreham Golf Tournament Fundraiser on Friday, June 18. Registration is now open! We missed you last year, and can hardly wait to see you again in June. Let’s do it for the wonderful people who make their home at Shoreham Village. Click HERE to register for golf or become a sponsor or donator now. Please call Event Coordinator, Sue Newhook, at 902 223 5052 for more information, if needed. Gratefully, The Shoreham Village Foundation Board of Directors To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. This email originated from outside of the organization. Do not click links or open attachments unless you recogize the sender and know the content is safe. REQUEST FOR DECISION/DIRECTION Prepared By: Kavita Khanna, P.Eng. Date April 23, 2021 Reviewed By: Christa Rafuse, P. Eng. Date Authorized By: Dan McDougall, CAO Date CURRENT SITUATION The Municipality of the District of Chester contains approximately 35km of Provincially owned J-Class roads. There is a J-Class Road paving program which provides a 50/50 cost share between MODC and NS transportation and Active Transit (NSTAT), formerly known as NSTIR, for paving of J-class roads within MODC. The Municipality of the District of Chester submitted a candidate lists to NSTIR for 50/50 cost share between MODC and NSTAT for paving of J-class roads within MODC in Nov 2020. NSTAT approved two (2) of the ten (10) proposed paving locations. RECOMMENDATION It is recommended to Council, by Infrastructure and Operations, that Council: Approve an expenditure not exceeding $86,500 + HST MODC’s estimated portion for paving J-class roads in the Municipality. FUNDING BACKGROUND MODC currently contributes annually ($196.8K in 2020/2021) to the Provincial Government towards routine maintenance (excluding paving renewals) of J-Class roads. To effectively maintain J-Class roads, an aggressive paving renewal program is required. The J-Class Road paving program provides a 50/50 cost share between MODC and NSTAT for paving of J-class roads within MODC. NSTAT’s maximum annual contribution through the J-Class paving program is typically $2.0 million province wide, however, in the 2020/2021 Provincial Budget. MODC has approximately 2.1% of provincial J-class roads. NSTAT have approved J- class road paving project in MODC valuing $173,000 ($86,500 cost shared) which is approximately 4.3% of total provincial funding. REPORT TO: Municipal Council SUBMITTED BY: Engineering & Public Works Department DATE: Apr. 23, 21 SUBJECT: J-Class Road Paving (2021) ORIGIN: J-class road paving program 2 Request For Decision DISCUSSION Provincially owned J-Class roads are generally described as those provincially owned subdivision roads classified by NSTAT as “J-Class”. There are approximately 35Km (2.1% of provincial total) of J-Class roads in the municipality including major and minor collector roads, and various local roads. MODC Staff prioritized the J-Class road paving in MODC. To determine priorities, multiple criteria was used including the condition of the road; Executive priority (council directive, strategic desired route, etc.); the number of residents and businesses that use the road; and the street class (dead end, local through street, collector, etc.). In Nov 2020, MODC submitted to NSTAT, a candidate list containing ten (10) streets where paving was desired. The streets requested were: 1 Pleasant Street (portion of) 2 Union Street (portion of) 3 Pig Loop Rd 4 Adams Road 5 Brunswick Street 6 Myra Road 7 Stevens Road 8 Walker Road (portion of) 9 Smith Road 10 Valerie Avenue In April 2021, NSTAT notified MODC that two (2) of the requested Roads were accepted. These were: Pleasant St, from Central st. to King st. Union St, from Brunswick st. to King st. Funding for the J-class paving program is through the gas tax. The MODC 2021/2022 approved capital budget allocates $550K to the J-class paving program. The estimated cost (MODC’s portion only) as provided by NSTAT for paving the two (2) approved streets is $86,500 plus HST leaving a surplus of approximately $463,500K net HST. IMPLICATIONS Policy N/A Financial/Budgetary The approved MODC Capital Budget includes $550,000 for road rehabilitation funded by gas tax. The total estimated cost for J-class road paving, subject to council approval of submission, and NSTAT approval is approximately $86,500 net + HST. 3 Request For Decision Environmental N/A Strategic Plan 1. Maintain a high level of fiscal responsibility; 2. Continually improve public satisfaction with municipal services; 3. Ensure sufficient infrastructure is available to best serve our residents and businesses; 6. Promote conditions conducive to fostering economic prosperity Work Program Implications N/A OPTIONS Regarding roads approved by NSTAT for 50/50 Cost sharing 1. Accept the two roads approved by NSTAT for cost sharing 2. Direct staff to gather additional information and return to Council Attachments  NS Minister approval of additional J-class paving  Paving locations (maps)